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Tribal Circumstances and Impacts of the Lower Snake River Project on
the Nez Perce, Yakama, Umatilla, Warm Springs and Shoshone Bannock Tribes
Developed for the:
Columbia River Intertribal Fish Commission
Developed by:
Meyer Resources, Inc.
October, 1999
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TABLE OF CONTENTS
Page
1.0 Executive Summary of Tribal Circumstances and Impacts from the Lower i
Snake River Project
2.0 Procedural Overview for Assessment of Tribal Impacts and Circumstances 1
2.1 Study Methodology 1
2.1.1 Federal Guidelines 1
2.1.1.1 Economic and Environmental Principles and Guidelines for Water and 1
Related Land Resources Implementation Studies - 1983
2.1.1.2 Presidential and Executive Department Direction, Guidance and Policy 3
2.1.1.3 US Army Corps of Engineers Guidance Respecting Tribes 4
2.1.1.4 The Responsibility of the US Department of Commerce 5
2.1.1.5 EPA Guidelines with Respect to Environmental Justice 6
2.1.1.6 Court Findings with Respect to “Perspective” in Assessing Impacts 7
on Treaty Trust Resources
2.1.2 Understanding Tribal Treaties 8
2.1.2.1 Treaties Related to this Analysis 8
2.1.2.2 Treaties as Negotiated Settlements 8
2.1.2.3 Relevance of Treaties for the Present Analysis 13
2.1.2.4 Tribal Trust Resources 15
2.1.2.5 A Summary of Other Selected Laws Relevant to Tribal Protection 17
2.1.3 Analytical Issues Affecting Assessment of Impacts on Tribes 17
2.1.3.1 Crediting What Tribes Say 19
2.1.3.2 Tribal Culture is Modern and Evolutionary 19
TABLE OF CONTENTS – 2
Page
2.1.3.3 Tribes View Themselves and Their Resources Holistically 20
2.1.4 Selecting Indicators of Tribal Circumstances and Potential Effects 21
2.1.4.1 Salmon and Access to Salmon Fishing 21
2.1.4.2 Hunting and Gathering Activities 23
2.1.4.3 Historic Villages, Grave Sites and Usual and Accustomed Fishing, 23
Hunting and Gathering Areas
2.1.4.4 Speaking Tribal Languages 23
2.1.5 Integration of Tribal Assessment with Non-Tribal Models for Assessing 25
Circumstances and Potential Impacts on Tribes
2.1.5.1 A “Hierarchy of Needs” Model for Integration of Tribal and 25
Non-Tribal Assessment Measures
2.1.5.2 Non-Tribal Indicators of Tribal Circumstances and Potential Impacts 28
2.1.5.2.1 Tribal Poverty 28
2.1.5.2.2 Tribal Unemployment 29
2.1.5.2.3 Tribal Per Capita Income 29
2.1.5.3 Tribal Health 29
2.1.5.4 Tribal Assets and the Associated Values They Produce 32
2.1.6 Differing Concepts of Value – A Cautionary Note 35
2.1.7 Assessing Tribal Circumstances and Benefits - A Summary of Method 37
3.0 Assessing Historic and Existing Tribal Circumstances Potentially 38
Affected by the Lower Snake River Project
3.1 Linkages Between Lower Snake River Project Alternatives and 38
Referent Tribes
3.1.1 Securing Tribal Assets 38
TABLE OF CONTENTS – 3
Page
3.1.2 Linkages between Tribal Fishing and the Lower Snake River Project 40
3.1.3 Linkages between Usual and Accustomed Tribal Areas and Project 41
Reservoirs
4.0 Circumstances and Impacts on Nee-Me-Poo (Nez Perce) 46
4.1 Accustomed Tribal Areas and Seasonal Harvest Rounds of Nee-Me-Poo 46
4.2 Natural Capital and Annual Productive Yield of Original Nee-Me-Poo 50
Lands
4.3 Broader Perspective of Nez Perce Living Circumstances in Pre-Contact 52
Times
4.4 Changes in Nee-Me-Poo Circumstances Due to the Treaties of 1855 55
and 1863
4.5 Further Allotment of Nez Perce Lands - To Tribal Members and to 60
Whites
4.6 Nez Perce Access to Usual and Accustomed Fishing, Hunting and 63
Gathering Areas
4.7 Changing the Production Function for Nez Perce Lands and Waters 64
4.8 Lower Granite, Little Goose, Lower Monumental and Ice Harbor Dams 65
4.9 Post-Contact Nez Perce Tribal Health 70
4.10 Present Circumstances of the Nee-Me-Poo 72
4.10.1 Remaining Nez Perce Lands 72
4.10.2 What Remains of the Salmon 73
4.10.3 A General Assessment of Present Nez Perce Material Circumstance 74
4.10.4 Nez Perce Tribal Health 76
5.0 Circumstances and Impacts on the Shoshone and Bannock Bands 81
TABLE OF CONTENTS – 4
Page
5.1 Traditional Tribal Areas and Seasonal Harvest Rounds of the Shoshone 81
and Bannock Bands
5.2 Natural Capital and Annual Productive Yield of Original Areas of the 86
Shoshone and Bannock Bands
5.3 A Broader Perspective of Shoshone-Bannock Living Circumstances in 88
Pre-Contact Times
5.4 Changes in Shoshone and Bannock Circumstances - and the Fort Bridger 91
Treaty of 1868
5.5 Further Allotment of Lands Reserved to the Shoshone and Bannock 96
Peoples
5.6 Shoshone-Bannock Access to Traditional Fishing, Hunting and 98
Gathering Areas
5.7 Post-Contact Shoshone-Bannock Health 101
5.8 Present Circumstances of the Shoshone and Bannock Peoples 103
5.8.1 Remaining Shoshone-Bannock Lands and Resources 103
5.8.2 A General Assessment of Present Shoshone-Bannock Material 104
Circumstance
5.8.3 Shoshone-Bannock Tribal Health 106
6.0 Circumstances and Impacts on the People of the Yakama Indian Nation 110
6.1 Accustomed Tribal Areas and Seasonal Harvest Rounds of the Peoples 110
of the Yakama Indian Nation
6.2 Natural Capital and Annual Productive Yield of Original Yakama Lands 114
and Resources
6.3 A Broader Perspective of the Living Circumstances of Yakama Peoples 115
in Pre-Contact Times
6.4 Changes in Yakama Circumstances Following the Treaty of 1855 118
6.5 Allotment of Yakama Lands - To Tribal Members and to Whites 120
TABLE OF CONTENTS – 5
Page
6.6 Yakama Access to Usual and Accustomed Fishing, Hunting and Gathering 122
6.7 Changing the Production Function for Yakama Natural Assets 124
6.7.1 Tribal Perspective Concerning Yakama Lands, Waters and Salmon 124
6.7.2 Economic Perspective Concerning Yakama Production Functions 128
6.8 Lower Granite, Little Goose, Lower Monumental and Ice Harbor Dams 130
6.9 Post-Contact Yakama Tribal Health 131
6.10 Present Circumstances of the Yakama Indian Nation 136
6.10.1 Remaining Yakama Lands 136
6.10.2 What Remains of the Yakama Salmon? 137
6.10.3 A General Assessment of Present Yakama Material Circumstance 138
6.10.4 Yakama Tribal Health 139
6.10.5 Present Incidence of “Own Language” Speakers Among the Yakama 142
6.10.6 A Diagrammatic Profile of Yakama Present Circumstances 142
7.0 Circumstances and Impacts on the Confederated Tribes of the Umatilla 144
Indian Reservation
7.1 Accustomed Tribal Areas and Seasonal Rounds of the CTUIR 144
7.2 Natural Assets and Annual Productive Yield of Original CTUIR Lands, 147
Waters and Salmon
7.3 A Broader Perspective of CTUIR Living Circumstances in Pre-Contact 149
Times
7.4 Umatilla, Walla Walla and Cayuse Circumstances, and the Treaty of 1855 152
7.5 Further Allotment of CTUIR Lands - To Tribal Members and to Whites 153
TABLE OF CONTENTS – 6
Page
7.6 CTUIR Access to Usual and Accustomed Fishing, Hunting and Gathering 156
Areas
7.7 Changing the Production Function for CTUIR Lands, Waters and Salmon 158
Producing Capability
7.8 Lower Granite, Little Goose, Lower Monumental and Ice Harbor Dams 161
7.9 Post-Contact CTUIR Tribal Health 163
7.10 Present Circumstances of the CTUIR 165
7.10.1 Remaining CTUIR Lands 165
7.10.2 What Remains of the Salmon? 165
7.10.3 A General Assessment of Present CTUIR Material Circumstance 166
7.10.4 CTUIR Tribal Health 168
7.10.5 Languages of the CTUIR and Other Columbia/Snake River Tribes 170
8.0 Circumstances and Impacts on the Confederated Tribes of the Warm Springs 173
Indian Reservation
8.1 Accustomed Tribal Areas and Seasonal Rounds of the Warm Springs Peoples 173
8.2 Natural Assets and Annual Productive Yield of the Original Lands of the 174
Peoples of the Warm Springs Reservation
8.3 A Broader Perspective of Wasco, Warm Springs and Paiute Living 176
Circumstances in Pre-Contact Times
8.4 Changes in Circumstances of the Confederated Tribes of the Warm Springs 178
Due to the Treaty of 1855
8.5 Further Changes in Circumstances of the Peoples of the Warm Springs 180
Reservation
8.6 Warm Springs Access to Usual and Accustomed Fishing, Hunting and 181
Gathering Areas
TABLE OF CONTENTS – 7
Page
8.7 Changing the Production Function for Warm Springs Waters and Salmon 182
Production Capabilities
8.8 Lower Granite, Little Goose, Lower Monumental and Ice Harbor Dams 184
8.9 Post-Contact Warm Springs Tribal Health 184
8.10 Present Circumstances of the Confederated Tribes of the Warm Springs 186
Reservation
8.10.1 Remaining Lands of the Warm Springs Reservation 186
8.10.2 What Remains of the Salmon 187
8.10.3 A General Assessment of Present Warm Springs Material Circumstance 188
8.10.4 Warm Springs Tribal Health 191
9.0 A Summary of Historic and Present Circumstances for the Nez Perce Tribe, 195
Shoshone-Bannock Tribes, Yakama Indian Nation, Confederated Tribes of the
Umatilla Indian Reservation and Confederated Tribes of the Warm Springs
Reservation of Oregon
9.1 Treaties Between the Five Study Tribes and the United States 195
9.2 Changes in Treaty-Protected Resource Assets and Activities of the Five Study 197
Tribes from Treaty Times to the Present
9.2.1 Transfer of Tribal Assets in Treaty-Protected Lands to Non-Indians 197
9.2.2 Transfer of Treaty-Protected Tribal Assets of the Rivers to Non-Indians 199
9.2.3 Cumulative Effects from the Taking of Wealth from Study Tribes 202
9.3 Present Circumstances of the Study Tribes 203
9.4 The Effect of the Lower Snake Dams on Study Tribes 206
9.4.1 Impacts of the Lower Snake Dams on Salmon 207
9.4.2 Inundation Effects on the Tribes from the Four Lower Snake Dams 208
TABLE OF CONTENTS – 8
Page
10.0 Assessment of Tribal Impacts on the Nez Perce, Shoshone-Bannock, 210
Yakama, Umatilla and Warm Springs Tribes from Lower Snake Dams
10.1 Project Alternatives Considered in this Analysis 210
10.2 Criteria for Assessment of Impacts from Project Alternatives on Study Tribes 211
10.2.1 General Assessment Criteria 211
10.2.2 Benchmark Criteria for Assessing Impacts on Salmon and Steelhead 211
10.2.2.1 Contribution to Reestablishment of Tribal Treaty Fisheries 211
10.2.2.2 Contribution to Diminishing Risk of Treaty Fisheries Extinction 213
10.2.3 Criteria for Assessing Impacts on Usual and Accustomed Tribal Living 213
Areas and Sites Within the Boundaries of the Four Reservoirs
10.2.4 Reduction of the Pain and Suffering of Tribal Peoples 213
10.3 Estimates of Salmon Run Sizes and Tribal Harvests Under Each Alternative 214
10.4 Assessment of Tribal Impacts Associated with Tribally Important Riverside 219
Areas from Lower Snake River Project Alternatives
10.4.1 Alternative A1: Present Operations with 1995 Biological Opinion 219
10.4.2 Alternative A2: Maintenance of the Four Lower Snake Dams at A1 220
Standard, with Added Facilities to Transport Salmon by the Dams
10.4.3 Alternative A3: Permanent Drawdown (Breaching) of the Four Lower 221
Snake River Dams
10.5 Cumulative Impacts from Lower Snake River Project Alternatives 223
10.5.1 Cumulative Effects of Distribution of Wealth 223
10.5.2 Cumulative Effects on Tribal Health and Material Wellbeing 225
10.5.3 Cumulative Effects on Tribal Culture and Spiritual Wellbeing 227
TABLE OF CONTENTS – 9
Page
10.5.4 Cumulative Effects on Tribal Self-Sufficiency, Self-Control and 228
Self-Empowerment
10.5.5 A Summary of Cumulative Impacts of Lower Snake Dams on the 228
Study Tribes
10.6 Overall Summary Assessment of Lower Snake River Project Alternatives 230
10.6.1 Tribal Treaty and Trust Obligations 230
10.6.2 Environmental Justice for the Tribes 232
10.6.3 Final Conclusions Concerning Treaty/Trust Obligations and Environmental 235
Justice
10.7 Mitigation Associated with the Four Lower Snake Dams 235
10.7.1 Mitigation Under Alternatives A1 and A2 235
10.7.2 Mitigation Under Alternative A3 - Breach of Lower Snake River Dams 236
11.0 References 238
Cultural Protection Appendices 250
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2.0 Procedural Overview for Assessment of Tribal Impacts and Circumstances
2.1 Study Methodology
2.1.1 Federal Guidelines
This report is developed so as to be generally compatible with the following federal guidelines.
2.1.1.1 Economic and Environmental Principles and Guidelines for Water and
Related Land Resources Implementation Studies - 1983.
The 1983 US Water Resources Council (WRC) Guidelines are the last in a guideline series developed to assist evaluation of federal water-related projects in the United States[1]. While the Department of the Interior-based WRC no longer exists, evaluation manuals developed subsequently by individual federal agencies still treat this document as a basic source for guidance - as has the Drawdown Regional Economic Workgroup (DREW) responsible for the current overall Lower Snake Drawdown evaluation task[2].
The WRC Guidelines recommend evaluation of water-related projects by organizing assessment data in a series of accounts[3]. These are:
The National Economic Development (NED) Account; which “displays changes in the economic value of the national output of goods and services”.
Assessment under this account has been a significant focus for DREW, and to the extent Tribal circumstances and information indicate it to be appropriate, Tribal NED information is included in this report.
The Environmental Quality (EQ) Account; which “displays nonmonetary effects on significant natural and cultural resources”.
(1) The EQ account is a means of displaying and integrating into water resources planning that information on the effects of alternative plans on significant EQ resources and attributes of the NEPA human environment, as defined in 40 CFR 1507.14, that is essential to a reasoned choice among alternative plans. Significant means likely to have a material bearing on the decision making process.
(2) Beneficial effects in the EQ account are favorable changes in the ecological, aesthetic, and cultural attributes of natural and cultural resources.
(3) Adverse effects in the EQ account are unfavorable changes in the ecological, aesthetic, and cultural attributes of natural and cultural resources. ...
Cultural attributes are evidence of past and present habitation that can be used to reconstruct or preserve human lifeways... .[4]
WRC (1983) goes on to identify that:
Cultural attributes are found in the archaeological remains of prehistoric and historic aboriginal occupations; historic European and American areas of occupation and activities; and objects and places related to the beliefs, practices and products of existing folk or traditional communities and native American groups. Examples are campsites of prehistoric mammoth hunters, a 19th century farmstead, and a stream crossing in long- standing use by an Appalachian community for baptizing church members.[5]
Initial Tribal assessment processes conducted by federal agencies since WRC (1983) usually focused on that element of WRC (1983)’s EQ Guidelines concerning “prehistoric and historic...objects and places”, primarily through historic and archaeological analysis, and has often described such “objects and places” as cultural resources. Such assessment is important, but in confining itself to “historic objects and places”, it too often failed to fully assess impacts on existing Tribal communities and groups, also identified under the WRC guidance. This issue was recognized in the 1995 Columbia River System Operation Review (SOR) Final EIS.